REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 13, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Levitt, and Weyandt. Councilman VanSant was absent.
Council staff members present were Chief Hutchison, Mr. Lucas, Mr. Bartolotta, Mr. Cregar, Ms. Bittner and Mr. Rodriguez.
The invocation was given by Reverend Ralph Kemmerlin, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Weyandt requested an opportunity to discuss snow removal during a recent storm, which was approved by Mayor Richter.
On behalf of the members of Council, Mr. Weyandt commended staff, and in particular the Public Works Department, for their excellent performance in clearing the streets during a recent ice storm.
Mayor Richter requested a brief executive session prior to the public hearings to discuss legal matters.
Mr. Levitt moved for approval of the agenda as amended, seconded by Mr. Christiansen and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 27, 1989
The Minutes of the Regular Council Meeting of February 27, 1989 were approved by motion of Mr. Christiansen, seconded by Mr. Hall and bore the written approval of Vice-Mayor Weyandt.
PROCLAMATION - MILITARY RETIREE DAY
The City Clerk read into the record the following Proclamation:
WHEREAS, the Military Retiree, is an integral part of the Dover Community; and
WHEREAS, these outstanding citizens have devoted the major portion of their lives to the preservation of our heritage and freedom; and
WHEREAS, on March 18, 1989, these patriots of Dover and many other communities will gather at Dover Air Force Base.
NOW, THEREFORE, BE IT KNOWN THAT I, JOHN E. RICHTER, MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that Saturday, March 18, 1989, be known as:
"MILITARY RETIREE APPRECIATION DAY"
in the City of Dover and urge the citizens of this City to honor these members of the community on this their day.
EXECUTIVE SESSION
Mrs. Legates moved to recess into executive session to discuss legal matters, seconded by Mr. Lynn and unanimously carried.
Mr. Christiansen moved to reconvene into regular session, seconded by Mrs. Legates and unanimously carried.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE WEST SIDE OF MCKEE ROAD - T. NOBLE JARRELL, III AND BRUCE E. JARRELL
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of McKee Road, 1,200 feet north of College Road, owned by T. Noble Jarrell, III and Bruce E. Jarrell.
Planner's Review
The City Planner reported that the present zoning on the property is R-20 and the proposed zoning is C-3. The Planning Commission reviewed the request and recommended denial of the rezoning. The Comprehensive Plan recommends that this area be utilized for Medium Density Residential uses. In recommending denial of the request, the Planning Commission took into consideration the predominately undeveloped farmland and scattered single family residences that surround the Jarrell property and the Comprehensive Plan which recommends medium density residential use. The property is a legal non-conforming warehouse and in light of the fact that the building was erected prior to annexation, Council adopted an ordinance in 1985 permitting the owner commercial use of the building subject to approval of Council. The Planning Commission believes that rezoning of the site continues to add to the pressure for increased strip commercialization of this area where the Comprehensive Plan calls for none. If the property is rezoned, the area would become a prime target for commercial infill since denial of future requests would be difficult.
Correspondence
The City Clerk reported that the following letters were received:
1. Kishor C. Sheth - Partner of Blenheim Homes, Inc. - Opposing the rezoning, since Blenheim Homes is planning construction of single family homes on the property adjacent to the Jarrell property. Mr. Sheth requested that the area remain zoned as residential.
2. Charles & Marilyn Buckingham, adjacent property owners - Opposing the rezoning and encouraging its continued use as outlined in an ordinance approved in 1985.
3.Anita F. Baynard, representing the Baynard-Smith Farm Stating no objections to the rezoning of the property, preferring improvement of the present facility over any new development.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Keith Adams, representing Blenheim Homes, Inc., stated opposition to the proposed rezoning request. Mr. Adams explained that Blenheim is the owner of 22 acres located just north of the Jarrell property and is the equitable owner of 15 acres located to the rear of the Jarrell property. They plan development of a residential community. The opposition of the request is based upon the other allowable uses within the requested C-3 zone which would be adverse to the residential character of their planned neighborhood. They did not, however, object to the continued use of the present facility.
In response to a question by Mr. Weyandt, Mr. Adams stated that the 22 acre parcel is currently zoned as RM-1 and the 15 acre parcel as R-20. Blenheim Homes, Inc. plans to request a zoning change, probably to the R-10 classification, on the 15 acre parcel as soon as the City moratorium on rezonings is lifted.
Steve Ruckles addressed Council on behalf of Dr. Jarrell, who was unable to attend the hearing. Due to the continued changes in zoning in the area of this property, Dr. Jarrell felt that the rezoning would be in his best interest. Although it is intended that the present use of the building will be continued, Mr. Ruckles conveyed Dr. Jarrell's feeling that rezoning of the property would be in keeping with recent approval of two nearby banks and the shopping center.
Responding to questions of Mr. Hall, Mr. Cregar explained that under the present status of legal non-conforming use, the property could continue to be a warehouse unless its use was discontinued for more than one year.
The City Solicitor stated his opinion that the ordinance adopted by Council on April 25, 1985 applies specifically to Dr. Jarrell and would not pass on to a new owner should the property be sold, although the property could be sold as a legal non-conforming use.
Mr. Charles Buckingham, adjacent property owner, urged members of Council to deny the rezoning request. He explain that he recently purchased the property with full knowledge of the ordinance approved by Council and has no objections to the current use of the building. Mr. Buckingham was very concerned with the other types of uses that could be instituted in the C-3 zone that would not he conducive to the residential nature of the area.
Mr. Gregory P. Boaman, representing Clover Leaf and B & G Enterprises, explained that they have a contract to purchase the property from Dr. Jarrell. Clover Leaf is the current tenant of the building and is operating as a legal non-conforming use. Should the property become extensively damaged, they would be prohibited from repair. Acquisition and improvement of the property would be a large investment to make in a property that is permitted to operate only as non-conforming use.
The only change that would occur as a result of the rezoning would be expansion and improvement of the current use. In light of the deteriorating condition of the warehouse structure, Mr. Boaman stated that the property would be more aesthetically pleasing to the surrounding neighborhood if improvements were permitted. Mr. Boaman reminded Council that the property contained the warehouse upon its annexation into the City limits. At the time of annexation, the City placed it in its blanket zone of R-20 as a nonconforming use. The building is appraised at a value of approximately $50,000 and the land is appraised at $29,000. If Council does not appropriately zone the property, the owner ultimately would be forced to demolish the building and utilize the land for residential purposes, making it a very expensive piece of real estate. If the property is rezoned and improved upon in its current use, it is highly unlikely that it would be utilized in any other manner due to the monetary investment in improvements.
Relating to the character of the neighborhood, Mr. Boaman stated that it has changed drastically over the past few years, with commercial and industrial zonings in the immediate vicinity of the Jarrell property. Improvements are planned for McKee/Saulsbury Road which is intended to be a truck route for access to General Foods and Scott Paper.
Mayor Richter declared the hearing closed.
Mr. Hall moved to deny the rezoning request in accordance with the recommendation of the Planning Commission as specified in the Planning Commission minutes of February 20, 1989. The motion was seconded by Mr. Levitt and carried by a unanimous roll call vote (Mr. VanSant absent).
In conjunction with the proposed by-pass, Mr. Weyandt suggested that the City look at the impact of properties in the Saulsbury Road area to assure proper buffering between residential and commercial uses.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON THE NORTH SIDE OF S. LITTLE CREEK ROAD - WILLIAM P. INGRAM
A public hearing was duly advertised for this time and place to consider rezoning of property located on the north side of S. Little Creek Road, directly across from Roberta Avenue, owned by William P. Ingram.
Planner's Review
The City Planner stated that the proposed zoning is for an interior five acre parcel of an overall 23 acre site. The developer is requesting a rezoning from RG-3 to RG-2 to permit the development of mixed use duplex residential housing units. The Planning Commission unanimously recommended approval of the rezoning, taking into consideration the existing land use in the area and the Comprehensive Plan which calls for the area to be utilized for medium density residential use. The proposed duplex units would serve as a transition between the townhouse units and the single family homes.
Correspondence
The City Clerk reported that a letter was received from Mr. William C. Raynor, stating that if the property is rezoned, he would object to plans of installation of a fence between the Ingram property and Barrister Place. He suggested that a road should be required to run between the two properties to allow rear access.
Public Hearing
Mayor Richter declared the hearing open.
Mr. Eugene Perrault of Schoolview relayed concerns of the heavy traffic on S. Little Creek Road, noting that there are no sidewalks for pedestrian utilization.
Questioned by Mr. Christiansen, Mr. Cregar stated that the question of sidewalk installation is considered during Site Plan approval. The question was brought up during the DAC meeting and will be recommended to the Planning Commission.
The owner and developer of the property, Mr. William Ingram, explained that the rezoning will actually allow a lesser number of units. The original plan called for 159 units and they now plan only 121 units. Responding to questions of Mr. Levitt concerning the installation of a road as proposed by Mr. Raynor, Mr. Ingram stated that the plan calls for alleys which would provide the necessary access.
Mayor Richter declared the hearing closed.
Mr. Weyandt moved to rezone the property in accordance with the recommendations of the Planning Commission to permit the development of duplex dwelling units. The motion was seconded by Mr. Lynn and by a unanimous roll call vote (Mr. VanSant absent), Council adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF S. LITTLE CREEK ROAD, DIRECTLY ACROSS FROM ROBERTA AVENUE.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from RG-3 to RG-2.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RG-3 to RG-2 on that property located on the north side of S. Little Creek Road, directly across from Roberta Avenue, owned by William P. Ingram.
ADOPTED: March 13, 1989
Mr. Christiansen stated his hope that Mr. Perrault's concerns will be addressed in future considerations of the project.
PUBLIC HEARING - REZONING OF PROPERTY LOCATED ON WALKER ROAD - ERNEST V. KEITH
A public hearing was duly advertised for this time and place to consider rezoning of property located on Walker Road, 1403 feet west of Saulsbury Road Intersection, owned by Ernest V. Keith.
Planner's Review
The parcel consists of 1.84 acres, located on the north side of Walker Road, 1,400' west of the Saulsbury and Walker Road intersection. The present zoning is R-7 (Single Family Residential) and the proposed zoning is RG-3 (Group Housing) for a proposed use of townhouses. The Planning Commission recommended approval of the rezoning, taking into consideration the existing land use in the area and the Comprehensive Plan which calls for medium density residential uses. The Planning Commission also considered that the R-7 classification is now a closed zone. The proposed RG-3 zone would allow for a unified site since adjacent lands (The Hamlet) are already zoned for RG-3.
Correspondence
The City Clerk reported that no correspondence was received on the requested rezoning.
Public Hearing
Mayor Richter declared the public hearing open.
Mr. Joseph Petrosky, representing the equitable owner, stated that a quality townhouse community is planned for the site which will be comparable to the townhouses of The Hamlet.
Mayor Richter declared the public hearing closed.
Mr. Christiansen moved for approval of the rezoning request, based upon the recommendations of the Planning Commission. The motion was seconded by Mr. Daisey and by a unanimous roll call vote (Mr. VanSant absent), Council unanimously adopted the following ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON WALKER ROAD, 1403 FEET WEST OF SAULSBURY ROAD INTERSECTION.
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover, and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-7 to RG-3.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from R-7 to RG-3 on that property located on Walker Road, 1403 feet west of Saulsbury Road intersection, owned by Ernest V. Keith.
PUBLIC HEARING - REZONING OF PROPERTY ON THE WEST SIDE OF BUCKSON DRIVE
A public hearing was duly advertised for this time and place to consider rezoning of property located on the west side of Buckson Drive, southwest of Jefferic Boulevard, owned by Ronald W. Carter.
Planner's Review
The property is located on the south side of a 50' private drive (Draper Drive) and approximately 450' south of Jefferic Boulevard. The present zoning is R-20 (Single Family Residential) and the proposed zoning is RG-2 (General Residence) which would permit the construction of apartments. The Planning Commission recommended denial of the rezoning request, taking into consideration the existing land uses in this area and also the Comprehensive Plan that recommends low density residential use. Although the existing land use seems mixed, the Planning Commission felt that there is adequate buffering and screening between the single family and commercial uses, to make the parcel an attractive, low density residential site.
Correspondence
The City Clerk reported that a letter was received from Yong Sup Son of 696 Buckson Drive stating no objections to the rezoning of the Carter land. A letter was also received from the owner, Ronald Carter, requesting that the rezoning request be amended from the original request of RG-2 to a zoning classification of RG-1.
ADOPTED: March 13, 1989
PUBLIC HEARING - REZONING 0 - RONALD W. CARTER
Questioned by Mayor Richter, the Planner and Solicitor stated that although the request has been before the Planning Commission, the applicant can request a lesser density zoning.
Public Hearing
Mayor Richter declared the public hearing open.
Mr. Peter Arcona of 6 Draper Drive, stated that there are only three houses on Draper Drive. It was his feeling that this road could not handle the increased traffic if apartments are constructed on the Carter site. If Council should approve the rezoning, Mr. Arcona requested that the developer be required to make the necessary improvements to Draper Drive.
The owner of the property, Mr. Ronald Carter, expressed his desire for Council to rezone the property. He reminded members of Council that there are other apartment complexes and commercial properties in very close proximity to his property. Mr. Carter stated that construction of a single family home on this property is not feasible since extension of the sewer main would be very costly.
Mayor Richter declared the public hearing closed.
Mr. Hall stated his reluctance in voting on the proposal since the new zoning category of RG-1 has never been considered by the Planning Commission.
Mr. Cregar stated that the RG-1 classification is considered medium density and would not comply with the recommendation of the Comprehensive Plan which calls for low density residential uses.
Mr. Hall moved to refer the request for a RG-l zoning classification on the Carter property to the Planning Commission for consideration and recommendation. The motion failed for lack of a second.
Mr. Christiansen moved for denial of the request based upon the recommendations of the Planning Commission. The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. VanSant absent).
DECISION ON APPEAL OF SIDEWALK ASSESSMENT - SARAH MONTAGUE - 124 N. GOVERNORS AVENUE
A hearing was held on February 27, 1989 on an assessment of $190 to Mrs. Sarah Montague of 124 N. Governors Avenue for pruning of tree roots. Mrs. Montague has paid the charges involving the sidewalk replacement, but has appealed the tree pruning charge. Council tabled action on appeal for further investigation.
Mr. Weyandt moved to remove the matter from the table for discussion, seconded by Mr. Lynn and unanimously carried.
The City Manager reminded Council that the sidewalk replacement contract was a unit price contract, calling for $190 per tree pruned. This unit price contract does not take into consideration the amount of time necessary to perform the work. Therefore, a property owner is charged $190 regardless of the amount of time it takes to perform the task. Mr. Bartolotta reiterated that the unit price contract is beneficial to most homeowners since it is the only way to project an adequate estimate for the proposed work.
During the last Council Meeting, questions were raised on why the sidewalk is not level, after replacement by the contractor. Mr. Bartolotta explained that Mrs. Montague was not required to replace all of her sidewalk since some of it was not deteriorating. In the interest of saving the homeowner money, the City did not require that the entire sidewalk be replaced, although some of it is raised in certain areas.
Upon observation of the sidewalk, Mr. Weyandt felt that the contractor did not adequately prune the tree roots and predicted that Mrs. Montague will again experience root problems in the next few years.
Mr. Levitt stated that varying degrees of workmanship is normal when utilizing a unit price contract, but he felt that the Montague property is an exception to the rule, favoring the approval of the appeal.
Mr. Hall moved for approval of the appeal by Mrs. Montague, and that the $190 charge be removed from the assessment of her sidewalk replacement bill. The motion was seconded by Mr. Christiansen and carried by a unanimous roll call vote (Mr. VanSant absent).
Mr. Christiansen voiced concerns with proper inspection by the City of this type of work, stating that additional inspectors should be hired if the number is insufficient to properly inspect the necessary projects.
LEGISLATIVE AND FINANCE COMMITTEE REPORT
The Legislative and Finance Committee met on March 6, 1989 with Chairman Weyandt presiding.
Intent of Moratorium on Rezonings
On January 9, 1989 Council approved a moratorium on all residential rezonings. During the committee meeting, Mr. Weyandt informed members that when making the motion, he did not actually intend for the moratorium to include all residential categories, but rather meant for the moratorium to include only the RG-0 zoning classifications. The other members of Council present at the committee meeting agreed that the intent of the motion was for RG-0 zonings only.
The committee recommended that the zoning moratorium only apply to RG-0 zonings in residential areas.
Mr. Weyandt moved for approval of the committee's recommendation that the zoning moratorium apply only to RG-0 zonings in residential areas. The motion was seconded by Mr. Lynn and unanimously carried.
Zoning - Elma Wilcutts Property - Horsepond Road
A letter was received from Mr. Ed McNamara, attorney representing Ms. Elma Wilcutts, requesting that action on the zoning of the Wilcutts property be delayed until the March 27th Council Meeting.
Mr. Weyandt moved that action on the Wilcutts property zoning be deferred until March 27th, seconded by Mrs. Legates and unanimously carried.
Acquisition of Park Land on White Oak Road
The committee considered a suggestion by concerned citizens that the City purchase land on White Oak Road, adjacent to the present Dover Park. The residents would like the City to purchase the 5,75 acres as an expansion to the recreational park. Staff reported that the land is on the market for $93,000 and although top priority has been given to acquisition of land west of Dover for a West Dover Park, staff feels that the White Oak Road parcel would be an excellent addition to the current park.
Staff recommended development of a comprehensive park acquisition and development plan for Bond Issue, which would include acquisition of the 5.75 acre parcel adjacent to Dover Park, acquisition of a West Dover Park site, and improvements to Silver Lake, as recommended by the Silver Lake Study.
The committee took no action, but directed staff to compile information on a package plan as recommended by staff for submission to the Parks and Recreation Committee and the Legislative and Finance Committee.
Billing of Trash Collection Fees for Mobile Homes
Responding to Council action to return automated refuse collection to Mobile Home Parks, staff submitted an ordinance for collection of trash collection fees. Based on the 1988/89 fiscal year cost of service, the fee was previously set at $55 per year. The fee will be shown on the monthly electric bill for each resident as a $4.60 charge for trash collection service. Rates for the 1989/90 fiscal year will be set at the budget hearings and approved by Council along with the budget. Future rates will be set annually in conjunction with adoption of the budget.
The committee recommended that the Solicitor prepare an ordinance to implement the fee, for submission to Council. The ordinance was drafted and submitted to Council for adoption.
Mr. Weyandt moved for adoption of the ordinance, seconded by Mr. Lynn. By a unanimous roll call vote (Mr. VanSant absent), Council adopted the following ordinance:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The Dover Code is hereby amended by adding a new section to be designated Section 8-16 to read as follows:
Sec. 8-16. Fees For Collection of Refuse.
Council shall designate certain reasonable rates to be paid for the collection of refuse in certain areas, which rates shall be set each year at the time of establishing the annual budget, which rates shall apply for that year and for the area designated by Council. The City Manager shall bill residents in accordance with the rates established by Council and shall be in charge of collecting these charges. In case of delinquencies, the delinquent amount shall be entered by the City Manager in the municipal lien docket.
ADOPTED: March 13, 1989
In conjunction with the ordinance, Mr. Weyandt moved that the ordinance apply to Mobile Home Parks and the Dover Housing Authority. The motion was seconded by Mr. Lynn and unanimously carried.
Review of Public Hearing Comments and Staff Recommendation for use of FY 89 CDBG Funds
The Community Development staff conducted an administrative public hearing on February 16, 1989, to provide an opportunity for interested citizens to offer comments and concerns regarding the City of Dover's use of FY 89/90 Community Development Block Grant funds.
Staff recommended that the City make a request for $282,390 in Community Development Block Grant funds from the State of Delaware Division of Housing and Community Development for the purpose of providing continued housing rehabilitation, demolition assistance, and public facility rehabilitation. A total of $180,000 of the funds would be earmarked to provide rehabilitation assistance to approximately 15 households located within the Capital Green area, Kirkwood, New and Queen Streets, and State College Road. A total of $50,000 would be utilized to rehabilitate a public facility and $9,600 would be utilized to assist in the demolition of three eligible properties with the remaining $42,790 being used for administrative expenses.
During the public hearing, Harvest Years Senior Center and Dover Educational and Community Center submitted applications for rehabilitation assistance. Since Harvest Years Senior Center received $51,370 from the program in FY 87/88, staff recommended that the funds be appropriated to the Dover Educational and Community Center since it provides a very much needed service in the community. It is the City's goal to share the funds earmarked for Public Facility Rehabilitation among the various worthwhile agencies in Dover.
The committee recommended that City staff be authorized to submit an application to the State of Delaware Division of Housing and Community Development for CDBG funds, in the amount of $282,390, to support the following categories: 1) Rehabilitation of Residential Housing; 2) Demolition; and 3) Rehabilitate a Public Facility - Dover Educational and Community Center.
Mr. Weyandt moved for approval of the committee's recommendation, seconded by Mr. Daisey and unanimously carried.
Proposed Ordinance on Uniform Collection of all City Bills
The committee directed that the City Solicitor prepare a draft ordinance, for committee review, that would permit uniform collection of all City bills. At the present time, if an account becomes past due for a City provided service, the delinquency would not prohibit the customer from receiving other City services.
Mr. Weyandt moved that the Solicitor be directed to prepare the ordinance, for review by the Legislative and Finance Committee. The motion was seconded by Mr. Daisey and unanimously carried.
Re-inspection Fees - Eating House Establishments
Pursuant to committee direction, the Department of Inspections drafted criteria for consideration in the proposed implementation of a Re-inspection fee to be charged to food establishments that fail to comply with the Health Code. The proposed ordinance would amend the Dover Code by adding a new section to be designated as Section 9-22. The committee recommended approval of the ordinance.
By motion of Mr. Weyandt, seconded by Mr. Lynn, Council adopted the following ordinance by a unanimous roll call vote (Mr. VanSant absent) , to become effective July 1, 1989:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN DOVER MET:
The Dover Code is hereby amended by adding a new section to be designated Section 9-22 to read as follows:
Sec. 9-22. RE-INSPECTION FEE
(a) There is hereby created a re-inspection fee of twenty-five dollars ($25.00) that shall be charged for the following violations of the Food Service Sanitation Ordinance:
(1) Re-inspection of any 4-5 point critical violation as set forth in the City of Dover "Food Service Establishment Inspection Report."
(2) Re-inspection of any 1-2 point repeated violation as set forth in the City of Dover "Food Service Establishment Inspection Report".
(3) Re-inspection of any repeated complaint filed with the Health Inspector, determined to be a violation and which requires a followup inspection to confirm the correction of violation.
(b) Re-inspection for any of the above referenced violations shall cause the Health Inspector to direct a bill be sent to the Food Service Operator having had such violation.
(c) Failure to pay the re-inspection fee within 10-days from the receipt of such bill may permit the City's Health Inspector to suspend without warning, notice or hearing, any permit, license, or certificate to operate a food service establishment for non-compliance with the requirement of this section.
ADOPTED: March 13, 1989
Amendment to Personnel Rules - Substance Abuse Policy
A proposed amendment to the Personnel Rules regarding a Substance Abuse Policy, was reviewed by the committee. Substance abuse in our society is a growing problem, although the City of Dover has been fortunate in that we have not experienced any major substance abuse problems in the work force. There have been some isolated cases of such problems and from that experience, staff prepared a formal policy for Council approval.
The proposed policy has been reviewed and approved by the City Solicitor and is proposed to cover all City of Dover employees with the exception of sworn police officers, that are governed by a separate Police Department policy.
The committee made minor alterations to the proposed policy and recommended that the Substance Abuse Policy be approved as amended by the committee.
Mr. Weyandt moved for approval of the Substance Abuse Policy to be incorporated in the Personnel Rules (as on file in the City Manager's Office and the office of the City Clerk), seconded by Mr. Lynn and unanimously carried.
Mayor Richter complimented City staff on their foresight in Preparation of the policy.
Proposed Ordinance Requiring Council Members with Unexpired Terms to Relinquish Their Seat to Run for Seat of Council-Member-At-Large
Mr. Christiansen suggested the adoption of an ordinance that would require Council members with unexpired terms to relinquish their seat to run for the seat of Council-Member-At-Large. He felt that with the recent creation of a single at-large Council seat, an ordinance should be adopted, modeled after the current Charter requirements in reference to the office of Mayor.
The committee agreed to forward the suggestion to the City Solicitor for an opinion.
Mr. Christiansen asked that the proposal also include consideration for similar action for a Council-Member-At-Large that may wish to run for a district seat.
The matter was referred to the Solicitor for review by motion of Mr. Weyandt, seconded by Mr. Christiansen and unanimously carried.
The Legislative and Finance Committee Report was approved by motion of Mr. Lynn, seconded by Mr. Christiansen and unanimously carried.
REZONING REQUEST - STATE STREET PROPERTIES - SCHWARTZ, HUNN & WESLEY COLLEGE
A request was received to rezone property located at 23 N. State Street, 21 N. State Street, and 11 N. State Street, owned by Muriel Schwartz, Sara E. Hunn and Wesley College.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required.
By motion of Mr. Lynn, seconded by Mr. Christiansen, Council unanimously referred the request to the Planning Commission and adopted the following resolution:
A RESOLUTION SETTING FORTH TIME AND PLACE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING MAP FOR THE CITY OF DOVER AND DIRECTING THAT NOTICE OF SAID HEARING BE PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE DELAWARE CODE.
WHEREAS, certain lands located at 23 N. State Street, 21 N. State Street, and 11 N. State Street are presently zoned for C-2A (Limited Central Commercial) use for 23 N. State Street, and RG-1 (General Residence) use for 21 N. State Street and 11 N. State Street, and
WHEREAS, it is necessary to hold a public hearing prior to amending the zoning map and zoning ordinance of the City of Dover.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That a public hearing be held in City Hall on May 8, 1989 at 7:30 p.m. on a proposed amendment to the zoning map that would rezone from C-2A and RG-1 to RG-5 those properties located at 23 N. State Street, 21 N. State Street and 11 N. State Street, owned by Muriel Schwartz, Sara E. Hunn, and Wesley College.
2. That notice of the public hearing be given in accordance with the provisions of the Delaware Code.
ADOPTED: March 13, 1989
CORRESPONDENCE
Request to Receive City of Dover Committee Press Packets Earlier - Delaware State News
A letter was received from Tamra Brittingham, Managing Editor of the Delaware State News, requesting that Press Packets be made available to the press at the same time as they are made available to members of Council which will allow them to better inform the public of upcoming issues.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Proposed Use of Downtown ACME and Parking Lot - Michael J. Malkiewicz
Mr. Michael J. Malkiewicz, in a letter to Mayor and Council, suggested that the City consider the feasibility of leasing or purchasing the downtown ACME store and parking lot, suggesting that the store could be remodeled to include space for community affairs and recreational programs. The parking lot could be utilized to help satisfy the needs of the downtown merchants.
Mr. Weyandt moved to acknowledge receipt of the suggestion, seconded by Mr. Christiansen and unanimously carried.
Request for Funds - Dover Arts Council
The newly created Dover Arts Council requested that the City consider appropriating $1,500 to support its start-up activities to cover such items as postage, printing, Spring Arts Festival, sound system and miscellaneous items for this fiscal year.
Mr. Weyandt moved for referral to the Legislative and Finance Committee, seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt moved for adjournment into the Open Forum and then into Executive Session to discuss legal and personnel matters, seconded by Mr. Lynn and unanimously carried.
OPEN FORUM
Mayor Richter declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum Session.
Meeting Adjourned at 9:20 P.M.
DEBRAH J. BITTNER
CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of March 13, 1989, are hereby approved.
JOHN E. RICHTER
MAYOR
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